John and Susanne Aristides sued Phillip and Kathy Foster, the owners of a neighboring 7-Eleven, for the disruption caused by the store's patrons and delivery vehicles.
The Aristideses claimed that, for years, trucks blocked access to their home, and that customers loitered in the vicinity "creating noise and disturbances," at all hours.
After the Suffolk County Supreme Court declined to dismiss the case, the Fosters filed an appeal with the Appellate Division, Second Department, which also wasn't receptive to the store-owners' contentions.
In the AD2's view, the argument that the Fosters were being blamed for conduct of other area establishments was contradicted by the evidence--such as photographs which showed cars and trucks blocking the entrance to the homeowners' property.
Bet they took a super big gulp when they got that!
To view a copy of the Appellate Division's decision, please use this link: Aristides v. Foster